环境正义视阈下的立法走向:环境法的倾斜保护及其实现途径

On the Trend of Legislation under the Vision of Environmental Justice: the Inclined Protection of the Environmental Law and Its Realization

环境正义的内涵在于环境利益和环境负担的公平分配。环境法的倾斜保护就是基于对环境利益和环境负担分配的失衡现状进行矫正的需要。环境立法应当遵循环境正义理念,向弱势利益、弱势群体和弱势地区倾斜,通过环境利益优先原则的确立和环境权利义务的设定,达致利益衡平的公平,并最终达到利益的共同增进。

The meaning of the environmental justice is the just allocation of the environmental interest and the environmental burden. The inclined protection of the environmental law is just the need to rectify the unbalanced present situation of the allocation of the environmental interest and environmental burden. The environmental legislation should keep to the idea of environmental justice and incline to the disadvantaged interest, disadvantaged group and disadvantaged area. What＇s more, the environmental law shall reach the justice of the interest equity by the way of setting the principle of giving priority to the environmental interest and setting the environmental rights and obligations, and in the end reaches the common promotion of the interest.